The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1887-02-17
Court of Commou pIeu..

SOuII Oh OO1mEQ0n
The February Term of the Court of Com
mon Pleas convened on Monday morning, the
18th inst. with Hon. FERDINAND ~VANpERvEER,
our new Judge, presiding. The Judge took
his seat upon the bench, directed the Sheriff
to open court, and proceeded with business as
if he had always belonged there. The Grand
Jury was called, sworn and charged. The
charge was an able exposition of the duties
of the Grand jury, and as it contains matter
of grave Importance, and of interest to many
of our citizens, We give it entire.
CHARGE TO GRAND JURY.
Gentlemen Of the Grand Jury:
Under the provisions of the law of our State,
you have been selected, impannelled and
sworn as a grand jury inquest to diligently
inquire of such matters and offenses as shall
be given you in charge by the proper officers,
or which shall otherwise legally, come to your
knowledge. You stand between the majesty
of the State and your fellow citizens, and it is
your duty, as well, to protect the innocent, as
to see that those guilty of crime shall be
brought to the bar of justice.
The oath you have just taken, calls to your
attention the special duties the law imposes
upon you. That saving yourselves, You shall
diligently inquire and true presentment make
of all such matters and things. as shall be
W. 80 Va oShSA SobS w
your knowledge, touching your present ser
vice. The counsel of the State, your own and
your fellows, you shall keep secret, unless
called on in a court of justice to make disclo-
ures. And you shah present no person
through malice, hatred or i'll will, nor shall you
leave any person unpresented, through fear,
favor or affection, or for any reward or hope
thereof. The duty you have to perform is
one OF the most important ones connected
with the administrati ON of Justice under the
4 / 0a nf 0htn MOI nnlv chnt,ld uvifhnrf
fear or feeling. present all offenders for trial;
but it is equally incumbent on you, to care
fully shield every innocent person against
whom unsupported charges may be made
Dc not allow private prosecutors to intrnde
upon your deliberations, and present accusa-
tio~ns-generally such persons are actuated
by private enmity and seek the qualification
of their personal malice. Their complaints
should be made to the prosecuting attorney,
| whose duty it is to act, if in his Judgment
there is a proper cause.
1t is for you, gentlemen, to determine,
whether those guilty of wrong doing within
your county, shall be compelled to answer
for their crimes. The constitution of our
State, in the bill Of rights, provides, that no
person shall be held to answer for q capital,
or otherwise infamous crime, unless on pre-
sentiment or indictment of a grand jury. l
cannot impress upon you, too strongly the
Importance of the position you occupy, and
the necessity of giving to your duties your
intelligent and honest endeavor to do that
only which the law requires, and to leave
nothing undone which your oath and con-
sciences dictate. You will faithfully and i'm
partially investigate all testimony which may
be presented. You will receive only legal
evidence, to the exclusion of mere reports, |
rumors, and heresay. But, subject to this |
qualification, you should receive all evidence
presented which may throw light upon the
matter under consideration, whether it tend
to establish the guilt or innocence of the ac-
Cnaad. If in the c0nrSe of InnnlrV Won have |
reason to believe there is other evidence not
presented to you, which would qualify or ex-
plain the charge under investigation, it will
be your duty,to order such evidence to be
produced. You are the judges of the credi-
bility of the witnesses who may testify, and
it is for you to determine whether they are
entitled to your confidence. You should re-
ceive no evidence which would be inadmissi-
BILE in the final trial of the accused; and. it
should be in support of the charge, not in
exculpation-that is, you are not to assume
the duties and power of a traverse jury-nor
hear witnesses sent you by parties under iu-
vestigation-but if witnesses are properly be-
fore you to testify in support of any charge,
then you will listen to what tends to excul-
pate as well as what tends to implicate. If
one of your body has from personal knowl-
edge, information regarding the commission
Of offences indictable, it is his duty to be
sworn in court, as another witness and testi.
fly before you, as to such facts. And should
other witnesses be necessary to sustain the
same, they may, if thought proper by the
prosecuting attorney, be brought before you.
This. however will not authorize you to inves-
tigate mere rumors of the street, unless you
feel certain that crime has been committed
You will be the judges of the degree or
amount of evidence necessary to warrant the
finding of an Indictment. You should have
proven before you, what is called a prina
.taete case of guilt: Such a degree OF evi-
dence as to the guilt of the party under in
vestigation, as unexplained would be suf-
ficient for conviction. -
An important part of your oath is the in
junction of secrecy. "The counsel of the
State, your own and your fellows, you shall
keep secret unless called on in a court of JUS
tice to make disclosures" One reason for
this, is to prevent the escape of the party in
dicted, should he know that proceedings are
in train against him. Another is to secure
freedom of deliberation and opinion among
yourselves, which would doubtless be i'm
paired, if the part taken by each juror, might
be made known to the accused. And you
cannot be compelled to testify how any one
of your number has voted, upon the finding
of any Indictment. This injunction of Sc
cused, without sufficient cause, who, though
not indicted, might suffer from reports of
such investigation. This obligation is not
simply binding upon You during your session
as grand jurors-or for the present term of
Court-it is perpetual; and the juror who re-
q u SCCICtb VI ~ Juk AoOhu, 1
his oath.
You are further required by your oath, to
present no person through malice, hatred, or
i'll will; nor shall you leave any one unpresent-
ed, through fear, favor or affection, or for any
reward or hope thereof.
As grand jurors, you shall divest yourselves
of ali prejudice and Partially; lay aside all
personal feelings, for or against the accused;
avoid all influences of whatever kind that may |
be used to control your judgment and your
whole duty, answerable only to your con-
and good order of society are dependent upon
the proper discharge of your duties. If any
have committed crime, see, they are pro-
perly presented; but do not forget that in &C
cusing an innocent man, you may do him and
provisions of law should be borne in mind:
"No Grand Juror or officer of the Court shall
disclose that an indictment has been found
against any person, not in custody or under
bail, = = : until the indictment is filed
and the case docketed."
"No Grand Juror shall be allowed to state |
or testify, in any court, in what manner he or
other members of the Grand Jury voted on
any question before them, or what opinion
was expressed by any Juror, in relation to
such question" And no inquiry can be made
upon what ground any of you concurred in
finding an indictment. Any indictment found
by you will be presented by your Foreman to
the court, having first endorsed it ga true
bill" and signed his name thereto as Fore
man. The law makes it your duty, at some
time during your session, to visit the county
jail-examine its state and condition-inqulre
into the discipline and treatment of the pris-
oners-their habits, diet and accommodations
and report to this court in writing whether
the rules heretofore prescribed by the court
have been faithfully kept and observed; and
whether any provision of law for the regula-
ton of county jails has been violated, point
ing out particularly in what such violation
consists.
Formerly the law required that certain Of
fences be named by the court to you, and
given especially in the charge to grand juries
now the only act required to be SO given is
provisions, &C., passed May 4th, 1885. This
makes it a criminal offence to engage in GER
tain stocks, grain, or other transactions in
merchandise, by offering to sell or buy the